What is Dram Shop Liability in Wisconsin?

If you or someone you love has suffered an injury by a drunk driver in Wisconsin, you may be wondering about your legal options. While you can seek compensation from the drunk driver who caused the accident, did you know that you can also hold the bar, restaurant, or other establishment that served the driver alcohol responsibly

This is known as “dram shop liability,” and it is an important concept to understand if you have been affected by drunk driving in Wisconsin. It is also a highly complicated legal principle, so you should always have a Madison drunk driving accident lawyer evaluate your situation and how the law might apply.

What is Dram Shop Liability?

Dram shop liability refers to the legal responsibility of bars, restaurants, and other establishments that serve alcohol to patrons who later cause accidents or injuries due to their intoxication. The term “dram shop” comes from the historical use of “dram” to refer to a small amount of alcohol.

Under dram shop laws, an establishment that serves alcohol to a visibly intoxicated person or a minor can be held liable for any damages or injuries that person causes as a result of their intoxication. This means that if a drunk driver causes an accident and injures someone, the victim can sue not only the driver but also the bar or restaurant that served the driver alcohol.

Dram shop laws vary by state, with some states having more extensive liability than others. Wisconsin’s dram shop liability statute governs the circumstances under which an establishment can be held responsible for the actions of a drunk patron.

Wisconsin’s Dram Shop Law

Illustration of a classic Western saloon interior, featuring rustic wooden walls and furniture. A cowboy bar scene is depicted, complete with a table adorned with a bottle.

Wisconsin’s dram shop law is found in Wisconsin Statutes section 125.035. This law applies to both commercial establishments and social hosts who provide alcohol to others. The law begins by stating a general rule that there is no liability for selling, dispensing, or giving away alcoholic beverages to another person. However, there are two exceptions to this general rule:

When the provider forces another person to consume alcohol or represents that the beverage does not contain alcohol (Wis. Stat. § 125.035(3)).
When the provider serves alcohol to an underage person (someone under the age of 21) (Wis. Stat. § 125.035(4)).

If either of these exceptions apply, the person or entity that provided the alcohol may be held liable for any damages or injuries caused by the intoxicated person. Your drunk driving accident attorney can identify when one of these applies to your case.

Damages Available Under Wisconsin’s Dram Shop Law

If a victim can establish that a bar or restaurant is liable under Wisconsin’s dram shop law, they can recover damages. These can include:

Medical Expenses Related to Drunk Driving Accident Injuries

One of the most significant types of damages that victims of drunk driving accidents can recover under Wisconsin’s Dram shop law is compensation for their medical expenses. Drunk driving accidents often result in serious injuries that require extensive medical treatment, including emergency room visits, hospitalizations, surgeries, and rehabilitation.

Victims can recover compensation for all of their accident-related medical expenses, including:

Some individuals consume beer while operating a vehicle.

Ambulance and emergency room fees
Hospital bills
Doctor and specialty visits
Prescription medications
Medical equipment and devices
Physical therapy and rehabilitation
Mental health counseling and therapy
Home health care and assistance
Future medical expenses related to ongoing care and treatment

You should always keep detailed records of all medical expenses related to the accident, including bills, receipts, and insurance statements. These documents will be important evidence in establishing the damages you are entitled to recover.

In addition to out-of-pocket expenses, victims can also recover compensation for any health insurance copays or deductibles they incurred due to the accident. In some cases, victims can also recover the cost of transportation to and from medical appointments.

An experienced drunk driving accident attorney can assist in gathering and organizing your medical records and bills and work with medical professionals to determine the full extent of your accident-related expenses. An attorney can also aid you in pursuing compensation for any future medical expenses you may incur due to your injuries.

Lost Income Due to Drunk Driving Accident Injuries

In addition to medical expenses, victims of drunk driving accidents can also recover compensation for any income they lost as a result of their injuries. Serious injuries can often prevent victims from returning to work for an extended period, leading to significant financial losses.

Under Wisconsin’s dram shop law, victims can recover compensation for:

Income lost during time off work for medical treatment and recovery
Bonuses, commissions, and other compensation lost due to missed work
Vacation time, sick leave, and personal days used during recovery
Reduced earning capacity due to permanent injuries or disabilities

To recover lost income, victims must typically provide documentation of their employment and earnings, such as pay stubs, tax returns, and employer statements. They may also need to provide medical documentation showing the extent of their injuries and the time off work required for treatment and recovery.

In some cases, victims can recover compensation for future lost earnings if their injuries result in a permanent disability or reduced earning capacity. This can be a complicated calculation that takes into account factors such as the victim’s age, education, work experience, and pre-injury earnings.

An experienced drunk driving accident lawyer can gather the necessary documentation to support your lost income claim and collaborate with economic professionals to determine the full extent of your financial losses.

Pain and Suffering Damages in Drunk Driving Accident Cases

An orthopedic doctor closely examines a woman patient's broken arm, carefully applying a splint and plaster cast. Such injuries often occur from falls and accidents, causing trauma to the affected area.

In addition to economic damages like medical expenses and lost income, victims of drunk driving accidents can also recover non-economic damages for their pain and suffering. Pain and suffering damages compensate victims for the physical and emotional distress caused by their injuries.

Examples of pain and suffering damages that may be recoverable in a drunk driving accident case include:

Physical pain and discomfort
Emotional distress, anxiety, and depression
Loss of enjoyment of life
Disfigurement or scarring
Disability or loss of function
Loss of consortium (damage to the victim’s relationship with their spouse or partner)

Assessing pain and suffering damages can be more challenging than quantifying economic damages like medical expenses and lost income because these losses lack a clear monetary value. Instead, the amount of pain and suffering damages awarded will depend on factors such as:

The severity and duration of the victim’s injuries
The impact of the injuries on the victim’s daily life and activities
The emotional trauma and distress caused by the accident and injuries
The need for ongoing medical treatment and therapy

In some cases, professional testimony from medical professionals and mental health professionals may be necessary to establish the extent of your pain and suffering.

Remember to note that Wisconsin’s dram shop law limits the total amount of damages a person can recover from an establishment, including pain and suffering. The cap is $500,000 for all claims arising out of one incident.

An experienced drunk driving accident attorney can help build a strong case for pain and suffering damages and work to maximize your recovery within the limits of Wisconsin’s dram shop law.

Property Damage in Drunk Driving Accident Cases

An automobile collision involving the consumption of alcohol, often referred to as drunk driving accidents, is tragically familiar.

In addition to personal injuries, drunk driving accidents can also cause significant damage to a victim’s vehicle and other personal property. Under Wisconsin’s dram shop law, victims can recover compensation for this property damage from the establishment that served the drunk driver.

Examples of property damage that may be recoverable in a drunk driving accident case include:

Damage to the victim’s vehicle, including repair or replacement costs
Damage to personal property inside the vehicle, such as electronics, clothing, or luggage
Damage to other personal property, such as a bicycle or motorcycle
Towing and storage fees for the damaged vehicle
Rental car expenses while the victim’s vehicle is being repaired or replaced

To recover property damage under Wisconsin’s dram shop law, victims must provide documentation of the damage and repair or replacement costs. This may include:

Photos of the damaged property
Repair estimates or bills
Receipts for rental cars or other related expenses
Insurance statements or appraisals

In some cases, the establishment’s insurance company may try to dispute the extent of the damage or the repair costs. An experienced drunk driving accident lawyer can gather the necessary evidence to support your claim and negotiate with the insurance company for a fair settlement.

It’s worth noting that property damage claims are typically separate from personal injury claims and may be subject to different deadlines and procedures. An attorney can pursue both types of claims for you and ensure that you receive the full compensation you are entitled to under Wisconsin’s Dram Shop law.

Seeking Compensation for Drunk Driving Accident Damages

If you or a loved one has suffered an injury in a drunk driving accident in Wisconsin, understand your legal rights and options for seeking compensation. Wisconsin’s dram shop law provides a valuable tool for holding establishments accountable for overserving patrons or serving underage drinkers. It can help victims recover the damages they need to advance their lives.

However, pursuing a dram shop liability claim can be a challenging process. Establishments and their insurance companies may try to deny liability or minimize the extent of the victim’s damages. That’s why collaborating with an experienced drunk driving accident attorney is so important.

If you’ve been affected by a drunk driving accident in Wisconsin, don’t wait to seek legal help. Schedule a free consultation with a Wisconsin Dram shop liability attorney today to discuss your case and receive a thorough evaluation. An attorney can review the facts of your case, explain your legal options, and take the first steps toward obtaining the justice and compensation you need to move forward with your life.

In cases where the drunk driver caused a fatality, the victim’s family can also recover wrongful death damages, including funeral and burial expenses, loss of financial support, and loss of companionship.

Defenses to Dram Shop Liability

While Wisconsin’s dram shop law provides an important avenue for victims of drunk driving accidents to seek compensation, there are also several defenses that bars and restaurants can raise to avoid liability. These include:

The patron had not consumed alcohol when they received drinks
The establishment did not know and had no reason to know that the patron was underage or intoxicated
The patron’s intoxication was not a substantial factor in causing the accident or injuries
The victim’s negligence contributed to their injuries

Bars and restaurants may also try to shift blame to the drunk driver or argue that they took reasonable steps to prevent the patron from becoming intoxicated or driving while under the influence.

What to Do If You’ve Been Injured by a Drunk Driver

A wooden desk is depicted against a dark background, upon which rests a law gavel, a bottle of alcohol, and a set of car keys. The arrangement symbolizes the dangerous combination of alcohol consumption and driving, highlighting the legal consequences associated with this reckless behavior.

If you or a loved one has suffered an injury from a drunk driver in Wisconsin, take steps to protect your legal rights. Here are some things you should do:

Seek medical attention for your injuries and follow all treatment recommendations from your doctor.
Report the accident to the police and obtain a copy of the accident report.
Gather evidence from the accident scene, including photos of the damage to your vehicle and any visible injuries.
Get contact information from any witnesses who saw the accident happen.
Contact an experienced drunk driving accident attorney who can investigate the accident and determine whether you have a valid dram shop liability claim.

Holding Bars and Restaurants Accountable

Drunk driving accidents are all too common in Wisconsin and across the country. These accidents can have devastating consequences, including serious injuries, permanent disabilities, and even death. While the drunk driver is ultimately responsible for their actions, Wisconsin’s dram shop law recognizes that bars and restaurants also have a responsibility to prevent their patrons from becoming dangerously intoxicated.

By holding establishments accountable for overserving patrons or serving underage drinkers, dram shop liability laws can help prevent drunk driving accidents and ensure that victims have a means of seeking compensation for their losses.

If you or someone you love has been affected by a drunk driving accident in Wisconsin, don’t hesitate to seek legal help. An experienced Wisconsin personal injury lawyer can review your case, explain your legal options, and pursue the compensation you deserve.